Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-93-13122 23 24 25 26 I Temp. Reso. #6565 r CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93- 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF TAMARAC AND UNIVERSITY HOSPITAL RELATING TO UNIVERSITY HOSPITAL DONATING AND ADMINISTERING ONE THOUSAND ONE HUNDRED(1,100) FREE FLU SHOTS TO TAMARAC RESIDENTS AT THE TAMARAC RECREATION CENTER ON NOVEMBER 5 1993; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Public Services Department and the University Hospital Administrator's staff have cooriinated this free flu shot program for Tamarac residents; and WHEREAS, University Hospital will donate and administer one thousand one hundred (1,100) free flu shots to Tamarac residents; and WHEREAS, Tamarac residents will be required to pre -register, show identification, and provide proof of residency to receive the flu shots; and WHEREAS, the City of Tamarac and University Hospital administrators agree that it is in the public interest to establish and execute a Hold Harmless Agreement; and WHEREAS, the City of Tamarac will not waive the City's sovereign immunity under Florida Statutes; and WHEREAS, everyone who receives a flu shot will sign a release holding the City of Tamarac and University Hospital harmless from the potential effects of the flu shot; and WHEREAS, the Tamarac City Council hereby agrees that this project will benefit the residents of the City of Tamarac. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SQ TIION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: That the administration of the City of Tamarac is hereh authorized to execute the attached Hold Harmless Agreement attached herein and made hereof as Exhibit "A". SEQTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. a i 7 2 Temp. Reso. #65fi5 SECTION 4: If any clause, section, other part or application of this Resolutic e is held by any court of competent jurisdiction to be unconstitutional or invalid, in part application, it shall not affect the validity of the remaining portions or applications of th Resolution. SECTION I This Resolution shall become effective immediately upon i passage and adoption. PASSED, ADOPTED AND APPROVED this 127 day of 1993. ATTEST: all _- CAROL. A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. I F4TCHELL S CITY ATTOF (FluShot1993.6565) MAYOR DIST 1: DIST. 2: DIST. 3: DIST. 4: RECORD OF COUNCIL 4`�i3 - / 3 ( • 11 HOLD HARMLESS AGREEMENT THIS AGREEMENT entered into on day of 1993 is made by and between the City of Tamarac, a municipal corporation, hereinafter referred to as the "CITY" and University Hospital, Ltd., a private corporation, hereinafter referred to as "HOSPITAL". WITNESSETH WHEREAS, the City Council of the City of Tamarac has determined that the execution of this Hold Harmless Agreement is in the public interest; and WHEREAS, University Hospital is donating and administering eleven hundred (1,100) free flu shots to Tamarac residents on Friday, November 5, 1993 at the Tamarac Recreation Hall, 7501 No. University Drive; and WHEREAS, the CITY is providing the premises and logistical support for administration of the flu shot program. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SE!QTIQN:The CITY shall indemnify and hold harmless the HOSPITAL from and against any and all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the implementation of this flu shot program when due to any negligent act or omission on the part of the CITY, its officers, employees and agents. Nothing contained herein shall be deemed a waiver of the CITY's sovereign immunity under Florida Statutes. SECTION 2:The HOSPITAL shall indemnify and hold harmless the CITY from and against any and all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the implementation of this flu shot program when due to any negligent act or omission on the part of the HOSPITAL, its officers, employees and agents. S—ECTION 3: The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. WITNESS: M. M. CITY OF TA RAC By- L. DER, MAY JOHjW P. KELLY, CITY/MtANAGER ATTEST: CITY OF TAMARA�7/93 APPROVED AT MEETING OF CAROL A. EVANS CITY CLERK roved as to Form: MITCHEM S. KR, CITY ATTORNEY